Contempt of Court: Former DSP, aide get six-month jail

Tribune News Service

Chandigarh, February 24

The Punjab and Haryana High Court today sentenced dismissed police official Balwinder Singh Sekhon and “legal expert” Pardeep Sharma to six months simple imprisonment and also imposed a fine of Rs 2,000 each after holding them guilty of criminal contempt.

Inciting people

Mud-slinging by way of open publication and representation of malicious material circulated at the national and international level amounts to inciting people against the rule of law and one of the basic wings of the democratic set up under the constitution.

The verdict against the two came as the Bench made it clear that a trial was not required in view of the smearing and other factors.

Contemner Sekhon then raised slogans of “Judicial gundagardi murdabad” openly in the court, making the Bench observe that he had “further compounded the contempt” and it was not in a position to give him a lesser sentence.

The Bench asserted: “Mud-slinging by way of open publication and representation of such malicious material being circulated not only at the national but international level amounts to inciting people at large against the rule of law and against one of the basic wings of the democratic set up under the Constitution of India comprising the legislature, executive and the judiciary. Thus, it gives us no reason to postpone the proceedings for requiring any trial.”

The Bench of Justice GS Sandhawalia and Justice Harpreet Kaur Jeewan also made it clear that there were enough judicial precedents that “evidence would not have delayed the matter and for quick dispensation of justice in such cases to ensure that the message goes home”.

The Bench on the previous date of hearing had asserted that it came to its notice that Sekhon had been circulating malicious, libelous and derogatory videos on judicial proceedings.

Appearing before the Bench this morning, Sekhon said he had the right to freedom of speech and expression, being a citizen of India.

He did not admit the contents of the videos/transcripts and “rather got personal with the court when his plea of defence was being recorded and his conduct was derogatory in nature,” the Bench observed.

Sharma, on the other hand, clearly admitted his presence in the offending videos and the transcripts. For some of the “derogatory remarks”, he shifted the onus to Sekhon. Sharma added he did not attribute anything to a Supreme Court Judge, who was “most honest” and he had “full regard” for him.

The Judges observed: “We have been a part of the system for 40 years. Have you seen their body language?” The Bench added it had seen the videos and there was “no dispute regarding the identity of the persons involved in the videos”.

The transcripts of the videos were “per se derogatory, malicious, libelous and against the constitutional authorities and this institution in principle.”

The Bench also observed it was undisputed that the videos were featuring on the platforms of respondent - Facebook, YouTube, Twitter and the intermediaries. Apparently, there were almost 37,000 subscribers.

The number of viewers as of now was uncertain, which would be manifold.

“Keeping in view the fact that contempt has been committed for which the respondent have no remorse, both the contemners are convicted and sentenced…. They shall undergo the sentence at Model Jail, Burail, UT, Chandigarh,” the Bench added.

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